MONROVIA – To ensure judicial independence and integrity, the appointment of judges and other judicial officers should be done by an institutionalized body, instead of being done by presidents and chief executives, says Professor Patrick Loch Otieno Lumumba, the Director of the Kenya School of Law and renowned activist.
By Gerald C. Koinyeneh – [email protected]
Professor Lumumba made the comments in his address at the ongoing Meeting of the African Regional Group of the International Association of Judges conference in Monrovia.
“When you have in your constitutional dispensation, a system where there is a strong judicial service commission, which involves the judiciary, involves the bar, involves member of the society, involves the cabinet, then you are immunizing the judges from political interference. In a number of countries, that is now the system that is used,” Professor Lumumba said.
Speaking on the theme “Integrity Through Positive Actions: A Means of Ensuring an Independent Judiciary,” Prof. Lumumba said achieving judicial independence is not merely a matter of institutional design. It requires a constant commitment to integrity and ethical conduct among judicial officers and court personnel, and an enhanced understanding of the public on the role it plays in realizing the goal.
He said while legal frameworks and constitutional provisions provide a model for judicial autonomy, their effectiveness ultimately hinges on those entrusted with implementation.
In Liberia, like other African countries, the Constitution gives the President the power to nominate and with the consent of the Senate, appoint a Chief Justice and four Associate Justices of the Supreme Court. The President also has the power to judges and magistrates of subordinate courts.
The Liberian Constitution also called for judges to be removed from office only through impeachment by the House of Representatives and conviction by the Senate. Through this process, Associate Justice Kabineh M. Ja’neh was removed in 2019. Since then, there has been split opinions on his removal, and calls for judicial independence in Liberia.
Prof. Lumumba, addressing the judges and lawyers, said while there is no perfect method in appointing judges and other judicial method, the best way, in his opinion, is a system that is more collegiate and more institutional.
“The manner in which you compose the judiciary from the magistrate seat to the supreme court must be a law that is clear and that is designed to immunized the judicial officers from the whims and caprices of the politicians. It is important that the removal of the judicial officers must not be within in the whims and caprices of politicians, but must be an open system that allows the judicial officer to know that whether he or she is removed from office, there will be due process…”
To uphold their integrity, Prof. Lumumba called on the judicial actors not to be desperate for material things. He acknowledged that politicians will always attempt to interfere in the judiciary, but it is incumbent on the judges to stand firm and resist their temptation.
“Judicial officers must deliver themselves from temptation,” he said.
According to him, the judiciary has an increasingly important mandate in defining citizens’ rights in areas that are crucial for their well-being such as health, industrial relations, social security, human rights, family relations, among others.
Shared responsibility in building integrity
He called for a shared responsibility in building integrity in the judiciary, and this can be achieved through a determinative role of judicial appointments in enhancing independence, effectiveness, accountability and legitimacy of the judiciary, addressing systemic corruption in the judiciary, depoliticizing the judiciary, improving transparency, empowering court personnel to be part of the solution in building the judiciary’s integrity, among others.
On addressing systemic corruption in the judiciary, he said corruption and its perceptions diminish trust in the judiciary and undermine key judicial functions such as dispute resolution and protection of property rights. However, corruption may inadvertently compromise the independence of the judiciary, thereby impeding judges’ capacity to fulfil accountability duties.
To reduce politization of the judiciary, he called on judges to base their decisions solely on legal principles, precedent, and evidence, without regard to political considerations and to resist any attempts by political actors or interest groups to influence their decisions or undermine judicial independence.
Speaking further, he said true transparency goes beyond simply granting access to court proceedings and information. “It requires disseminating information in a format that is easily understandable, especially for those who may lack a legal background or have limited literacy skills,” he said.
